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No. 118, September Term, 1998 Ruth M. Ferrell v. Albert C. Benson et al.

[A Circuit Court Judgment Which Completely Terminates A Case In The Circuit Court Is A Final Judgment Even Though It Does Not Resolve The Underlying Controversy]

IN THE COURT OF APPEALS OF MARYLAND No. 118 September Term, 1998 ___________________________________________

RUTH M. FERRELL

v.

ALBERT C. BENSON et al.

____________________________________________ Bell, C.J., Eldridge Rodowsky Chasanow Raker Wilner Cathell, JJ. ___________________________________________ Opinion by Eldridge, J. ___________________________________________ Filed: November 19, 1998

The petitioner, Ruth M. Ferrell, filed in the Circuit Court for Montgomery County a complaint against three veterinarians and an animal hospital, seeking compensatory damages of $150,000.00 plus punitive damages based upon the death of Ferrell's cat. The complaint contained numerous counts asserting, inter alia, negligence, "wilful [and] wanton conduct," fraud, misrepresentation, racial discrimination and sexual harassment. Ferrell alleged that the defendants' conduct resulted in the death of her cat and that the defendants were motivated by actual malice. The compensatory damages sought were for the value of the cat as well as for the plaintiff's alleged pain and suffering, "mental anguish," and "loss of the enjoyment of life." Two of the defendants filed a "Motion To Dismiss And/Or Transfer," seeking either a dismissal of the action or a transfer of the case to the District Court of Maryland. The other two defendants filed a "Motion To Dismiss." The substance of both motions was the same, namely that the circuit court had no subject matter jurisdiction because the amount in controversy did not exceed $2,500.00, and that the District Court had exclusive original jurisdiction. See Maryland Code (1974, 1995 Repl. Vol., 1998 Supp.),

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